HomeMy WebLinkAbout02091970City Hall
Palo Alto, California
February 9, 1970
The Council of the City of Palo Alto met, on this slate at 7:35 p.m.
with Mayor Arncld presiding.
Present: Arnold, Beahrs, Berwald, Clark, Comstock, Dias,
Gallagher, Norton, Pearson, Spaeth, Wheatley
Absent: None
Approval of Minutes - Januar 26, '970
MOTION: Mayor Arnold moved, seconded by Beahrs, to continue
approval of the Minutes of the Council meeting of January 26, 1970.
CLARIFICATION: Councilman Clark asked if staff would present a
report indicating the alternatives presented by Livingston and Blayney>
in the Foothills Environmental Design Study Progress Report No. 2
as compared with Council action taken relating to each alternative.
The motion carried unanimously by voice vote.
Trails and Paths Plan
Councilman Spaeth presented the report of the Finance Committee
regarding the Trails and Paths Plan.
Miss Jean Mark, 921 Casa Nueva, Stanford, presented a resolution
adopted by the Executive Boards of the PTA of Terman .`Junior High
and the PTA of Gunn Senior High endorsing the general policy expressed
in the Trails and Paths Plan, particularly as it relates to their area
of the City.
Loren Acton, 2913 Ramona, Palo Alto, called attention to displays
set up at the back of the Council Chamber which illustrate the need
for a Trails and Paths Plan, and urged its implementation by the City.
Mrs. Inez Steed, Gunn High School PTA, expressed her encourage-
ment that problems in the area Aro, :r% b rnrrecte i
MOTION: Councilman Spaeth moved, on behalf of the Finance Com-
mittee, that in regard to the Trails and Paths Plan that Council
approve in principle the five-year financial plan as presented to the
Finance Committee (CMR:425:0) amended to include the portion of
trail 3-D from Stanford Avenue to Page Mill on Foothill Boulevard
(bicycle and hiking trails only) in the 1970-71 program.
The rr.otiar: rani unamirricusly by voice otc.
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2/9/70
MOTION: Councilman Spaeth moved, on behalf of the b'iaaance Com-
mittee, that staff be directed to develop a plan by which the Trails
and Paths Plan may be implemented, returning same to the Council
at the earliest feasible time with the following additional instructions:
I) examizza.ion into all aspects of the bicycle and pathway route
from Gunn High School through Varian to the Stanford resi-
dential area;
2) an alternate to trail I -A and 2-A following Dry Creek
thrc ugh Mitchell Park and thereafter to Charleston be
s tuai ed
AMENDMENT: Councilman Dias move3 t'nat "an alternate to trail
I -A and 2-A following Dry Creek through Mitchell Park an i there-
after to Charleston be studied" be deleted.
The amendment fai_e d for lack of a second.
AMENDMENT: Councilman Beahrs moved, seconded by Dias, that
the staff be empowered to explore alternatives to the alternate
described as "an alternate to trail 1-A and Z -A following Dry Creek
through Mitchell Park and thereafter to Charleston
The amendment failed on the following roll call vote:
Ayes: Beahrs, Clark, Dias, Wheatley
Noes: Arnold. Berwald; Comstock; Gallagher, Norton: Pearson,
Spaeth
The motion then carried by majority voice vote.
Plannin Commission Recommendations
Councilman Gallagher requested unanimous permission to consider
together at this time the four Planning Commission recommendations
relating to Miscellaneous Division of Land, 929 Arastradero Road;
Final Subdivision Map, 960 Old Trace Road; Extension of P -C Dis-
trict Development Schedule, 520-532 Horner Avenue; and P- C Dis-
trict Development Plan amendment, 2080 Charming Avenue.
Councilman Berwald objected and asked -that each item be considered
separately in accordance .with lisetal.procedure.
Miscellaneous Division of Land -
929 Arastradero Road
MOTION: Councilman Gallagher rnoved, seconded by Beahrs, to up-
hold the Planning Commission recommendation and approve the Final
?r.. ..1 Map __ the . '. - 7..:,.. A. r1:a... r_., i s_ •t _
orc waar on ua� aUutt� dS::'S. .,.,sad, n►. asaa4. &J e`t iilli�G Efid%z.`."-"
198
2/9/70
Division of Land of property located at 929 Arastradero Road sub-
ject to recording of the Final Farcel Map.
The motion carried unanimously by voice vote.
Final Subdivision Mai 96C Old Trace Road
MOTION: Councilman .J3erwald moved., seconded by Gallagher, to
upheld the Planning Commission recommendation and approve the
Final Subdivision Map submitted by Dr. Esther Clark for property
at Old Adobe Road and Arastradero Road (960 Old Trace Road).
The motion carried unanimously by voice vote.
P -C District Develo ment Schedule -
520-532 Horner Avenue
MOTION: Councilman Comstock introduced the followving resolution
and moved, seconded by Wheatley its adoption:
Resolution No. 4329 entitled "Resolution of the Council of the
City of Palo Alto Amending Section 2(h) (2) of Resolution No. 4314
Applying to Property Known as 520932 Horner Avenue"
Councilrnan Spaeth stated he will neither participate in the discussion
nor vote concerning the proposed resolution.
Councilman Clark stated he will neither participate in the discussion
nor vote concerning the proposed resolution.
The resolution was adopted unanimously by voce vote, with Council-
men Spaeth and Clark abstaining.
P -C District Develo ment Plan -- 2080 Charming Avenue
MOTION: Councilman Norton introduced the following resolution and
moved, seconded by Pearson, its adoption:
Resolution No. 4330 entitled "Resolution of the Council of the
City of Palo Alto Changing the P -C Development Plan Approved
by Ordinance No, 1643 Applying to Property Known as
2080 Charming Avenue"
MOTION: Councilman Comstock moved, seconded by Norton, that the
matter of the subject resolution be returned to the Planning Commission
with instruction to the Planning Commission to review and make
recommendations concerning landscaping and maintenance on matters
such as the fence surrounding the propArtty and rcturn Co
� w a...vutai:it.
199
2/9/70
The motion to refer failed on the following roll call vote:
Ayes: Berwald, Comstock, Norton, Pearson; Spaeth
Noes: Arnold, t3eahrs, Clark, Dias, Gallagher, Wheatley
The resolution was then adopted unanimously by voice vote.
Chan e of District - Hamilton: Avenue and Webster Street
MOTION: Councilman Beahrs introduced the following ordinance
and moved, seconded by Clark, its approval for first reading;
"Ordinance of the Council of the City of Palo Alto Amending
Section 18.08.040 of the PAMC Changing the Zoning of Certain
Property at the Intersection of Hamilton and Webster from
R-4 and C-Z:S to P -C (Office Building)"
Frank L. Crist, Jr., attorney representing the applicant, responded
to questions concerning details of the proposed plan with particular
reference to the number and type of existing trees which may be
saved.
MOTION: Councilman Berwald moved, seconded by Comstock, that
the matter be returned to the Planning Commission to reexamine the
application to give additional attenticn to the matter of retention of
trees, the setbacks from Hamilton, undergrourd parking and land-
scaping.
The motion to refer failed on the following roll call vote:
Ayes: Berwald, Comstock, Norton, Pearson
Noes: Arnold, Beahrs, Clark, Dias, Gallagher, Spaeth,
Wheatley
AMENDMENT Councilman Comstock moved, seconded by Pearson,
to add to Section 2 of the proposed ordinance that the landscaping
plans of the development plan will also show the existing trees on
the property that are to be preserved in the development.
CLARIFICATION: Councilman Comstock stated that it is his inten-
tion that the applicant return with a modified drawing of the plan
before the second reading of the proposed ordinance, assuming the
proposed ordinance its prroved for first reading.
The amendment carried by majority voice vote.
AMENDMENT: Councilman Pearson moved, seconded by Comstock,
that in No. 2 of Section 2 of the proposed ordinance that "ten (10)
feet" by riplietesei and ofifteer+
200
2/9/70
The amendment failed on the following roll call vote:
Ayes: Comstock, Norton, Pearson
1
1
Noes: Arnold, Beahrs, Berwald, Clark, Dias, Gallagher,
Spaeth, Wheatley
The ordinance was then approved for first reading as amended unani-
mously by voice vote.
MOTION: Councilman Beahrs introduced the following ordinance and
moved, seconded by Arnold, its approval for first reading:
"Ordinance of the Council of the City of Palo Alto Amending the
Official }"re Zone Map of the City of Falo Alto (Section 1601 of
the Uniform Building Code) By Changing the Fire Zone of the
Property Located at 590 Hamilton Avenue and 602, 618 and 628
Webster Avenue from Fire Zone 3 to Fire Zone 1"
The ordinance was approved for first reading unanimously by voice
vote.
MOTION: Vice Mayor Wheatley moved that the matter of parking
space requirements for similar uses be used in determining standards
for uniform application of par -king -space requirements throughout
the various zones
MOTION: OUT OF ORDER: Mayor Arnold ruled the motion out of
order at this time. (see page 206)
(The Council recessed from 9:30 to 9:45 p. m. Councilman Norton
did not return at that time.)
Change of District - 749 Mayview Avenue
Mayor Arnold advised that the applicant, Mr. and Mrs. James B.
Lindgren, have withdrawn their application for a change of district
of property known as 749 Mayview Avenue from R -1:B-8 to P -C.
Change of District - 14Z and 150 Middlefield Road
MOTION: Mayor Arnold moved, seconded by Clark, _to uphold the
recommendation of the Planning Commission and deny the application
of Gary T. Williams and Jarnee L. Crockett for a change of district
of property known as 142 and 150 Middlefield Road from R - 3: L- 12
(Neighborhood Apartment: Special Apartment Lot Area District) to
R -3:P (Residential -Professional District Regulations). (69 -ZC -26)
The motion carried unanimously by voice vote.
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2/9/70
Change of District - 3874 Dixon Place
MOTION: Mayor Arnold advised that the applicant, 3. I,. Eichler
Associates, Inc. , has withdrawn his application for a change of
district of property known as 3872 Dixon Place from R-I:B-8:A
(Single -Family Residence: Special Building Site: Agricultural Dis-
trict Regulations) to P -C (Planned -Community District Regulations --
Four Single -Family Dwellings). (69-ZC-27)
Miscellaneous Division of Land -
Ernbarcadero Way and Embarcadero Road
MOTION: Vice Mayot Wheatley moved, and it was duly seconded to
uphold the Piann ng Commission and approve the application of Bahr,
Ledoyen, Harvey, et al, for a Miscellaneous Division of Land of
property located at Ernbarcadero Way and Embarcadero Road sub-
ject to the following condition:
a. Lot A to dedicate five feet of additional right-of-way and
Lots B and the un-named lot to provide five foot easements;
b. furnishing evidence of payment of ill payable City and
County taxes and unpadassessrnents;
c. all utilities, including electric power and telephone lines.
shall be constructed underground;
d. all work to be done according to City of Palo Alto standards;
e. developer shall reimburse the City of Palo Alto for the cost
of Ernbarcadero Way extension on a pro -rata basis, actual
cost to be determined at a later date;
1. each lot shall contain a minimum of I. acre; and
g. filing and recording of a Final Parcel Map.
(Councilman Norton returned at 9:47 p.m.)
AMENDMENT: Councilman Comstock moved, seconded by Pearson,
to add to Condition a. that the setback for Pa rret B and the unnamed
parcel sna1i_ ed by five feet.
The amendment failed on the following roll call vote:
Ayes: Berwald, Comstock, Norton, Pearson
Noes: Arnold, Beahrs, Clark, Dias, Gallagher, Spaeth, Wheatley
AMENDMENT: Councilman Comstock moved, seconded by Pearson;
to add an additional conluon that lot coverage for theunnamed parcel
shall be dcierrnined from the lot area computed exclusive of the five
foot tas em.ent,
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2/9/70
The amendment failed by majority voice vote.
AMENDMENT: Councilrnan Pearson moved, and it was duly seconded,
that Lot A and the 7annamed lot dedicate five feet each and Lot B pro-
vide a five foot easement.
The amendment failed by majority voice vote.
AMENDMENT: At the request of Director of Planning and Community
Development Fourcroy, Councilman Dias moved, seconded by Arnold,
to add to Condition a. "along the existing right of way of Embarcadero
Way and construction of standard sidewalk thereon".
The amendment carried unanimously by voice vote.
The motion as amended then carried by majority voice vote, Council-
man Pearson requested that her "No" vote be recorded.
Miscellaneous Street lrnpro•.�ernent
Project :_,;..24„67 -3 (CMR:443:0)
MOTION: Councilman Clark moved, seconded by Wheatley, that the
contracting firm of Bahr and Ledoyen who are employed in connec-
tion -with -the Miscellaneous Street Improvements Project No. 67-3
be granted an 84 -day extension of time for completion of construction
of the Project.
The motion carried unanimously by voice vote.
Old Trace Road, et al,
Project No. 64-4 (CMR:445:0)
MOTION: Councilman Pearson moved, seconded by Gallagher, that
the contracting firm employed on the Old Trace Road et al, Project
No. 64-4 (Freeman-Sondgroth) be granted a sixty calendar day exten-
sion of time for completion of construction.
The motion carried unanimously by voice vote.
Catch Basin Reconstruction.- Phase IL
Project i�Io, X 53 (CMR:444:E1)
sn��.rrrass�rr���,e
MOTION: Councilman Beahrs moved, seconded by Wheatley, to
reject all bids received in connection with the Catch Basin Recon-
struction - Phase Ii, Project No. 68-53, with plans and specifications
to be revised and the work advertised for competitive bids at an early
date.
The motion carried unrni iwumiy by vu ‘e vote.
203
/9/70
Capital Improvement Program 1970®-75
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��.�uns�� mi.�smrmss+ni �a
(CMR:451:0)
MOTION: Mayor Arnold moved, seconded by Gallagher, to refer the
Capital Improvement Program 1970-75 to the Finance Committee
for consideration and recommendation and to the Planning Commission
for review with respect to the General Plan.
The motion carried unanimously by voice vote,
siszrommamsties sr
Civic Center Parkai Garaue (CMR:442:0)
MOTION: Councilman Dias moved, seconded by Beahrs, that the
Mayor be authorie.ed to execute an amendment to the Wells Fargo
Security Contract in the amount of $6, 450 for operation of the Civic
Center Garage.
(Councilman Norton and Spaeth left at 10:24 p.m. Councilman Spaeth
did not return )
The motion carried unanimously by voice vote.
Gun Control
-
(Councilman Norton returned at 10:32 p.m.)
City Attorney Hildebrand presented his report of February 4, 1970
regarding the status of gun control laws at the local level.
MOTION: Councilman Comstock moved, seconded by Pearson, that
the City Attorney expand on his report of February 4, 1970 concerning
the status of gun control laws at the local le' e1 to clarify answers to
questions of the ability of municipalities to legislate in the field of
licensing firearm owners,
CLARIFICATION: Councilman Comstock advised that his motion is
directed toward the possession of firearms, and the owner's right
to own one.
The motion carried by majority voice vote.
Disclosure of Assets
City Attorney Hildebrand presented his report of February 5, 1970
relating to the disclosure of assets law (AB 325).
Discussion followed concerning questions raised by the law and the
decision of the State Supreme Court to hear the action brought by the
City o C_: mwi challenging its .s-.a.a:csa�Lii� 1LD i:.oaiatituTlOTadllty, Mr. Hildebrand
04
2/9/70
advised that in response to the sense expressed by the Council. his
office will cooperate with the City of Carmel in offering legal time
up to the value of $200. 00 as has been requested by that City.
Lee Proposal to SellrLand Ad.iacent to Foothills Park
MOTION: Mayor Arnold moved, and it was duly seconded to continue
consideration of the proposal of Dr. Russel V. Lee to sell to the City
land adjacent to Foothills Park for approxirrtately three months,
following receipt and Cowtci1 consideration of the Livingston and
Blayney Foothills Environmental Design Study Progress Report No. 3.
The motion carried unanimously by voice vote.
Reclassification of Lit#on School Proaerty
MOTION: Councilman Beahrs moved, seconded by Pcarson, to con-
tinue consideration of reclassification of the Lytton School property
at 656 Lytton Avenue frorri P -F to R -3:P until February 24, 1970.
The motion carried unanimously by voice vote.
Zone Chan&e -Foothills Lands
an c
MOTION, Councilman Comstock moved, seconded by Pearson, that
the Planning Commission initiate proceedings to change the zoning
of lands below Foothills Park from P -C to R -E.
Vice Mayor Wheatley advised that he will neither participate in the
discussion nor vote concerning the motion.
(Councilman Wheatley left at 11:09 p.m.)
The motion failed by xn.ajority voice vote.
Chan e.of Zone Height Limits
(Councilman Wheatley returned at 11:26 p.m.)
MOTION: Councilman Comstock moved, seconded by Berwald, that
the Planning Commission be directed to initiate amendments to the
L -M zones adjacent to R zones to provide height limits applicable
to L -M zones adjacent to P. zoned or lower heights, as deemed
appropriate.
CHANGE OF MOTION: At the request of Councilman Beahrs, Council-
man Comstock, with th.e consent of his second, changed "adjacent"
to "abutting".
AMENDMENT: Councilman Gallagher moved, seconded by Beahrs,
that the Planning Commission be directed to study the circumstances
and make appropriate recommendations to Council.
MOTION: Mayor Arnold moved, seconded by Wheatley, to continue
consideration of the matter to February 24, 1970.
The motion to continue carried by majority voice vote.
Use of Old C oration Yard
MOTION: Vice Mayor Wheatley :roved, and it was duly seconded,
to continue the item relating to use of the Old Corporation Yard
until February 24, 197 .
The motion carried unanimously by voice vote.
Pa rki r.g_ Spac e Requirements
MOTION: Vice Mayor Wheatley moved, and it was duly seconded,
to request the staff to make a report to the Council on parking require-
ments for similar office uses regardless of the zone in which the use
is permitted.
The motion carried unanimously by voice vote.
Palo Alta/Salinas Savings
Councilman Clark advised that since he has learned there was a
genuine misunderstanding concerning the date on which the Council
would consider the request of Palo Alto/Salinas Savings regarding
a zone change (considere 2/2/70) that he would place the item on
the Agenda again on February 24, 1970.
Oral Communications
Dr. Nancy Jewell Cross presented a resolution requesting a program
to develop equal job opportunities for women stating it was adopted
by a meeting of women's organizations in San Francisco on February 8,
1970, Mayor Arnold advised that the resolution will be duplicated
and included in Council packets to be ditributed on Thursday,
February 12, 1970.
Adjournment
There being no further busthess the Council adjourned at 11:40 p.m.
APPROVED: